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Legal & Regulatory Updates

Cheryll Wood
Associate,
Davidson Houle Allen LLP

Navigating Hybrid

Condo Meetings

Balancing Accessibility, Participation & Practicality

In June 2023, Bill 91 (“Less Red Tape, ing, special meeting, town hall meeting, With that said, the term “Hybrid meet-
Stronger Economy Act, 2023”) received or requisition meeting, the Board will ing” does not just mean that you place a
Royal Assent. This Act implemented be tasked with determining the best computer on the table and allow owners
amendments to various pieces of legis- format for the meeting. Some owners who cannot attend in person to observe
lation, including the Condominium Act, prefer one format over another, so the the meeting through a Zoom link.
1998. On October 1, 2023, the changes Board needs to decide how to balance The Condominium Act (Section 45
relevant to the Condominium Act, 1998 these interests. (8)) states that a meeting of owners held
came into force. The primary purpose of When faced with competing owner in person or by telephonic or electronic
the changes was to: interests, many condominium corpo- means, or any combination thereof, must
• Facilitate the transmission of rations choose the virtual format for enable all persons entitled to attend the
notices and other condominium most meetings and manage the desire meeting to participate reasonably. While
documents virtually; and for in-person interaction by adding reasonable participation is not a defined
• Allow corporations to conduct a separate social event that night or term, it is my view that this entails allow-
virtual/hybrid meetings and the following week to allow for some ing the participants to participate in
conduct voting either virtually, in in-person connection. Others are look- voting and to ask questions during the
person or in a hybrid form. ing at hybrid meetings. meeting. Merely placing a laptop on the
The changes did not significantly alter Hybrid meetings, if done correctly, table would not allow virtual attendees
the status quo as there were temporary offer an excellent opportunity to balance
to reasonably participate.
Photo: ©iStock.com/ AzmanL with electronic meetings. Nonetheless, for accessibility and virtual attendance from a condominium corporation to
provisions in effect at the time dealing the needs of the community – allowing
Managers who receive a request
these changes preserved the rights of for those who may not be able to go in
have a hybrid meeting need to carefully
person and, at the same time, allow-
consider what is required and consider
condominium corporations to deter-
retaining a service to conduct the hybrid
mine how they can hold owner meetings. ing the in-person option for those who

When deciding the meeting format, are not comfortable with technology
meeting if they need the proper technol-
whether it be an annual general meet-
or with virtual attendance and voting.
ogy to facilitate it.
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